Borough of Waynesboro, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-4-2012 by Ord. No. 1118]
This article shall be known as the "Property Maintenance Ordinance of the Borough of Waynesboro, Franklin County, Pennsylvania."
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Waynesboro, Franklin County, Pennsylvania, being marked and designated as International Property Maintenance Code 2012, as amended hereafter from time to time and published by the International Code Council, be and is hereby adopted by the Borough of Waynesboro, Franklin County, Pennsylvania for the regulation of buildings and structures. All of the provisions, penalties, conditions and terms of the International Property Maintenance Code 2012, as amended hereafter from time to time and published by the International Code Council, are hereby referred to, adopted and made a part hereof as if fully set out in this article with the additions, insertions, deletions, and changes, prescribed in this article.
The following sections of the International Property Maintenance Code 2012 are hereby revised, removed, replaced, and/or modified as follows:
A. 
101.1 Title. These regulations shall be known as the "Property Maintenance Ordinance of the Borough of Waynesboro," hereinafter referred to as "this article."
B. 
103.5. Fees. The fees for services, inspections, and activities performed by the department in carrying out its responsibilities under this article shall be as set forth in the Fee Schedule of the Borough of Waynesboro, adopted by resolution and amended from time to time.
C. 
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order serviced in accordance with Section 107 shall be deemed guilty of a summary offense. If the notice of violation is not complied with, the Code Official may institute the appropriate proceedings at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this article or of the order or direction made pursuant thereto. Any corrective action taken by the authority having jurisdiction over such premises may be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. 
106.4 Violation penalties. Any person, firm, or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for term not to exceed 30 days, or both at the discretion of the court. Each day that a violation continues shall be deemed a separate offense.
E. 
106.6 Administrative search warrants. The Code Official may seek an administrative search warrant to ensure that any property regulated by this Code is in compliance with this Code.
F. 
106.7 Violations as public nuisances. Any property regulated by this code that is in violation of this code may be considered a public nuisance and be abatable as such in accordance with 53 P.S. § 46202.[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1202.
G. 
106.8. Authority to issue ticket for violation. The Code Official or his designee(s) are hereby duly authorized to issue a ticket in a form established by the Borough to any owner violating the provisions of this article. The ticket shall identify the address of the property where the violation exists, as well as the nature of the violation. The ticket may either be handed to an owner or occupant of the property or may be affixed to a door on the property where the violation exists fronting a right-of-way or conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Borough Office and pays to the Borough the sum of $100 within 10 days of the date of issuance of the ticket, then such payment shall save such violator from prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine. In any event, if a ticket is not paid in full within 10 days of issuance, the Code Official or his designee(s) shall issue a citation to the violator. Notwithstanding the foregoing, the Code Official or his designee(s) shall have the sole and absolute discretion to issue a citation without first issuing a ticket as provided for herein.
[Added 6-18-2014 by Ord. No. 1132]
H. 
111.3 Notice of meeting. The Board shall meet at its regularly scheduled meeting, notice of which shall be published in accordance with the requirements for publishing public notice of local agency meetings. The Board may also hold special meetings, which meetings shall be held in accordance with the Sunshine Act.[2]
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
I. 
111.4.1 Procedure. The Board shall conduct the public hearing in accordance with the Local Agency Law[3] adopted by the Commonwealth of Pennsylvania.
[3]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq.
J. 
111.7 Court review. Any person aggrieved by an adjudication of the Board of Appeals who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Pennsylvania law.
K. 
304.14 Insect screens. During the period from May 1 to August 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
L. 
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guest room or terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat of not less than 68° F. during the period from September 1 to May 30.
M. 
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with the heat during the period from September 1 to May 30 to maintain a temperature of not less than 65° F. during the period the spaces are occupied.
[Adopted 9-7-2016 by Ord. No. 1149]
It is unlawful for any person, firm, trust, association or corporation owning or occupying any property within the Borough of Waynesboro to permit any weeds, grass or plants other than trees, bushes, flowers, or other ornamental plants, or crops or vegetable plants grown for consumption to grow to a height exceeding 10 inches upon such property in the Borough of Waynesboro, except as expressly exempted herein. Any such plants or weeds exceeding such height are hereby declared to be a nuisance and detrimental to health, safety and general welfare of the community.
A. 
Agricultural exemption. Any property of five acres or greater used primarily for the cultivation of crops or the grazing or containment of livestock shall be exempt from this section; however, in the event that the property contains a dwelling unit that is located partially or wholly within 250 feet of the edge of a public cartway, the area between the cartway and the dwelling unit shall comply with this section.
B. 
Large vacant lot exception. Any property of five acres or greater that does not house a current structure but is unimproved shall partially be exempted from this section; the property owner shall maintain a buffer 25 feet along the front, side, and rear yards of the property. However, no less than once annually, the grass, weeds, and other vegetation shall be cut to a height of 10 inches or less.
C. 
Wooded lot. A wooded lot shall mean a lot on which exists a continuous or near continuous forest canopy of mature trees.
(1) 
A fully wooded lot which does not house a dwelling unit or business structure is exempt from this section.
(2) 
A partially wooded portion of a lot shall not be subject to this section, provided the partially wooded portion of the lot constitutes at least 25% of the lot coverage.
It shall be unlawful for any person, firm, trust, association or corporation owning or occupying any property within the Borough of Waynesboro to permit any weeds listed on the noxious weed control list set forth in Title 7, Chapter 110.1 of the Pennsylvania Code, as amended from time to time, to grow or remain upon such property. Any such noxious weeds are hereby declared to be a nuisance.
In the event of a violation of the provisions of §§ 201-4 or 201-5, the Code Enforcement Officer or other designated Borough official may serve a notice either by personal service or by United States mail to the owner or occupant of any premises on which plants or weeds are permitted to grow in violation of the provisions of this article and to demand the abatement of the nuisance and compliance with the provisions of this article within five days from the service of the notice.
A. 
Any person, firm, trust, association or corporation ("violator") who shall violate any of the provisions of this article or who shall knowingly or willfully fail to comply therewith, shall upon conviction thereof before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of no less than $150 and not more than $250, together with costs of prosecution and attorneys' fees. In the event of default of payment of such fine and costs, the violator may be imprisoned for not more than five days.
B. 
Notwithstanding Subsection A above, the Code Official or his designee(s) are hereby duly authorized to issue a ticket in a form established by the Borough to any person, firm, or corporation ("violator") violating the provision of this article. The ticket shall identify the address of the property where the violation exists, as well as the nature of the violation. The ticket may either be handed to or mailed certified to the owner or handed to an occupant of the property or may be affixed to a door on the property where the violation exists fronting the right-of-way or conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Borough office and pays to the Borough the sum of $100 within 10 days of the date of issuance of the ticket, then such payment shall save such violator from prosecution by a citation, which prosecution may result in the costs of prosecution and attorneys' fees being assessed against the violator in addition to the fine. In any event, if a ticket is not paid in full within 10 days of issuance, the Code Official or his designee(s) shall issue a citation to the violator. Notwithstanding the foregoing, the Code Official or his designee(s) shall have the sole and absolute discretion to issue a citation in accordance with Subsection A without first issuing a ticket as provided for herein.
C. 
Each day during which a violation continues shall be deemed a separate offense.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this article.